The Law Offices of Robin Bresky, through Of Counsel attorney Michele Feinzig, recently won an appeal in the United States Court of Appeals for the Eleventh Circuit, on behalf of an employer who was sued by a former employee for alleged violations of the Fair Labor Standards Act (“FLSA”).

The former employee had sued Floranada, a family-owned warehouse facility, claiming that Floranada failed to pay him overtime pay at time-and-a-half for hours he worked in excess of forty (40) hours per week, as required by the FLSA. A jury decided in favor of Floranada, finding that the employee was properly paid and was not due any additional overtime compensation (beyond the commissions or non-discretionary bonus payments for which the employee was granted a partial summary judgment, which was not at issue in the appeal).

On appeal, the employee argued that the District Court erred in denying his motions for directed verdict and judgment notwithstanding the verdict, because his pay structure (being paid the same amount every week for working the same hours every week) was purportedly an illegal attempt to create a “Belo agreement” based on Walling v. A. H. Belo Corp., 316 U.S. 624 (1942). Essentially, the employee claimed that his employment relationship was required to, but did not, fit into the “Belo agreement” exception to the general FLSA overtime rule.

Our firm’s brief to the Eleventh Circuit on behalf of Floranada described all of the evidence showing that the employee was properly paid time-and-a-half for all overtime hours worked, and distinguished the case law on which the employee relied. The Eleventh Circuit agreed, finding “no merit to Klein’s argument that his pay structure emanated from a vain attempt to establish a Belo agreement” and concluding that the employee’s motions for directed verdict and judgment notwithstanding the verdict were properly denied. The Law Offices of Robin Bresky is thrilled to have secured this victory for the client.

The Law Offices of Robin Bresky is a dedicated appellate law firm handling
civil and criminal court appeals in all District Courts of Appeal in
Florida. The firm also provides effective trial and litigation support.
The firm serves Boca Raton, Delray Beach, Boynton Beach, West Palm Beach,
Coral Springs, Parkland, Margate, Lauderhill, Fort Lauderdale, Deerfield
Beach, Miami-Dade, Broward and Palm Beach Counties, and all the trial courts and
lower tribunals within the jurisdiction of the Fourth District Court of
Appeal, the federal Eleventh Circuit Court of Appeals, and the Florida
Supreme Court and all other appellate courts in Florida, including the
appellate divisions of the circuit courts (which hear appeals from county
courts).

Boca Raton Office

Bank of America Building

150 East Palmetto Park Rd.
Suite 340
Boca Raton,FL33432-4848

West Palm Beach Office

West Palm Beach

319 Clematis Street
Suite 1006
West Palm Beach,FL33401

Miami Office

One Biscayne Tower

2 S. Biscayne Blvd
Suite 3760
Miami,FL33131(Available by Appointment)

Phone

Email

Connect With Us

The information on this website is for general information purposes
only. Nothing on this site should be taken as legal advice for any
individual case or situation. This information is not intended to
create, and receipt or viewing does not constitute, an attorney-client
relationship.

No content on this site may be reused in any fashion without written
permission from The Law Offices of Robin Bresky.